S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7725--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             October 23, 2023
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the Committee on Elections in accordance with Senate Rule 6, sec. 8 --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee

 AN ACT to amend the election law, in relation to enacting the  "election
   workers and polling places protection act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "election workers and polling places protection act".
   §  2.  The  election  law is amended by adding a new section 17-213 to
 read as follows:
   § 17-213. ELECTION WORKERS AND POLLING PLACE PROTECTION.  1.  WHOEVER,
 WHETHER  OR NOT ACTING UNDER COLOR OF LAW, INTERFERES IN ANY MANNER WITH
 ANY ELECTION OFFICIAL IN THE DISCHARGE OF THE ELECTION  OFFICIAL'S  DUTY
 OR  TO  INDUCE ANY ELECTION OFFICIAL TO VIOLATE OR REFUSE TO COMPLY WITH
 THE ELECTION OFFICIAL'S DUTY OR ANY LAW REGULATING THE SAME,  IS  GUILTY
 OF A CLASS A MISDEMEANOR.
   2.  WHOEVER,  WHETHER  OR  NOT  ACTING UNDER COLOR OF LAW, BY FORCE OR
 THREAT OF FORCE, OR VIOLENCE, OR THREAT OF HARM TO ANY PERSON OR PROPER-
 TY INCLUDING LOSS OF EMPLOYMENT OR ECONOMIC REPRISAL,  WILLFULLY  INTIM-
 IDATES  OR  INTERFERES WITH, OR ATTEMPTS TO INTIMIDATE OR INTERFERE WITH
 THE ABILITY OF ANY PERSON OR ANY CLASS OF PERSONS TO QUALIFY OR ACT AS A
 POLL WATCHER IN ANY PRIMARY, SPECIAL, OR GENERAL ELECTION, IS GUILTY  OF
 A CLASS A MISDEMEANOR.
   3.  WHOEVER,  WHETHER  OR  NOT  ACTING UNDER COLOR OF LAW, BY FORCE OR
 THREAT OF FORCE, OR VIOLENCE, OR THREAT OF HARM TO ANY PERSON OR PROPER-
 TY INCLUDING LOSS OF EMPLOYMENT OR ECONOMIC REPRISAL,  WILLFULLY  INTIM-
 IDATES  OR  INTERFERES WITH, OR ATTEMPTS TO INTIMIDATE OR INTERFERE WITH
 THE ABILITY OF ANY PERSON OR CLASS OF PERSONS TO VOTE OR TO  QUALIFY  TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02053-05-4
              

 S. 7725--A                          2
 
 VOTE IN ANY PRIMARY, SPECIAL, OR GENERAL ELECTION IS GUILTY OF A CLASS A
 MISDEMEANOR.
   4.  WHOEVER,  WHETHER  OR  NOT  ACTING UNDER COLOR OF LAW, BY FORCE OR
 THREAT OF FORCE, OR VIOLENCE, OR THREAT OF HARM TO ANY PERSON OR PROPER-
 TY INCLUDING LOSS OF EMPLOYMENT OR ECONOMIC REPRISAL,  WILLFULLY  INTIM-
 IDATES  OR  ATTEMPTS TO INTIMIDATE ANY LEGALLY AUTHORIZED ELECTION OFFI-
 CIAL, OR ANY PERSON WHO IS EMPLOYED BY, AN AGENT, CONTRACTOR, OR  VENDOR
 OF A LEGALLY AUTHORIZED ELECTION OFFICIAL, ADMINISTERING OR ASSISTING IN
 THE ADMINISTRATION OF ANY PRIMARY, SPECIAL, OR GENERAL ELECTION WITH THE
 INTENT  TO  (A) IMPEDE OR INTERFERE WITH THE OFFICIAL WHILE THE OFFICIAL
 IS ENGAGED IN THE PERFORMANCE OF THE OFFICIAL'S DUTIES; OR (B) RETALIATE
 AGAINST THE OFFICIAL ON ACCOUNT OF THE  OFFICIAL'S  PERFORMANCE  OF  THE
 OFFICIAL'S DUTIES IS GUILTY OF A CLASS A MISDEMEANOR.
   5.  WHOEVER, WHETHER OR NOT ACTING UNDER COLOR OF LAW, WILLFULLY PHYS-
 ICALLY DAMAGES OR THREATENS TO PHYSICALLY DAMAGE ANY  PHYSICAL  PROPERTY
 BEING  USED  AS  A  POLLING PLACE OR TABULATION CENTER OR OTHER ELECTION
 INFRASTRUCTURE, WITH THE INTENT TO INTERFERE WITH THE ADMINISTRATION  OF
 AN  ELECTION OR THE TABULATION OR CERTIFICATION OF VOTES, IS GUILTY OF A
 CLASS D FELONY.
   6. FOR PURPOSES OF THIS SECTION, DE MINIMUS DAMAGE OR  THREATS  OF  DE
 MINIMUS  DAMAGE TO PHYSICAL PROPERTY SHALL NOT BE CONSIDERED A VIOLATION
 OF THIS SECTION.
   7. WHOEVER, WHETHER OR NOT  ACTING  UNDER  COLOR  OF  LAW,  OBSTRUCTS,
 IMPEDES,  OR  OTHERWISE  INTERFERES  WITH ACCESS TO ANY POLLING PLACE OR
 ELECTIONS OFFICE, AN ELECTION OFFICIAL'S ACCESS TO OR  EGRESS  FROM  ANY
 OTHER  BUILDING  BEING USED FOR ELECTION RELATED PURPOSES, OR OBSTRUCTS,
 IMPEDES, OR OTHERWISE INTERFERES WITH ANY VOTER IN ANY MANNER THAT CAUS-
 ES OR WILL REASONABLY HAVE THE EFFECT OF CAUSING ANY DELAY IN VOTING  OR
 THE  VOTING PROCESS, INCLUDING THE CANVASSING AND TABULATION OF BALLOTS,
 IS GUILTY OF A CLASS A MISDEMEANOR.
   8. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY  TO  AN  ENFORCEMENT
 ACTION  BY THE STATE BOARD OF ELECTIONS OR THE ATTORNEY GENERAL, OR BY A
 COUNTY BOARD OF ELECTIONS, IN ACCORDANCE WITH THIS SECTION OR ANY  OTHER
 PROVISION  OF  LAW  AGAINST  AN  ELECTION  JUDGE  OR  POLL WATCHER FOR A
 VIOLATION OF A STATUTE OR A RULE  PROMULGATED  BY  THE  STATE  BOARD  OF
 ELECTIONS, OR THE ELECTION INSPECTOR'S, POLL CLERK'S OR ELECTION COORDI-
 NATOR'S OATH.
   9.  (A)  THE ATTORNEY GENERAL, A COUNTY ATTORNEY, OR AN ELECTION OFFI-
 CIAL MAY BRING A CIVIL ACTION TO PREVENT OR RESTRAIN A VIOLATION OF THIS
 SECTION IF THERE IS A REASONABLE BASIS TO BELIEVE THAT AN INDIVIDUAL  OR
 ENTITY IS COMMITTING OR INTENDS TO COMMIT A PROHIBITED ACT.
   (B)  IN  A  CIVIL  ACTION BROUGHT TO PREVENT OR RESTRAIN VIOLATIONS OF
 THIS SUBDIVISION OR TO REQUIRE  THE  PAYMENT  OF  CIVIL  PENALTIES,  THE
 MOVING  PARTY MAY SHOW THAT THE ACTION OR ATTEMPTED ACTION WOULD CAUSE A
 REASONABLE PERSON TO FEEL INTIMIDATED. THE MOVING PARTY DOES NOT NEED TO
 SHOW THAT THE ACTOR INTENDED TO CAUSE THE VICTIM TO FEEL INTIMIDATED.
   (C) THE ATTORNEY GENERAL,  AN  ELECTION  OFFICIAL  OR  ANY  INDIVIDUAL
 INJURED  BY  AN ACT PROHIBITED BY THIS SECTION, MAY BRING A CIVIL ACTION
 TO RECOVER DAMAGES, TOGETHER WITH COSTS OF INVESTIGATION AND  REASONABLE
 ATTORNEY  FEES,  AND RECEIVE OTHER EQUITABLE RELIEF AS DETERMINED BY THE
 COURT. AN ACTION BROUGHT BY AN ELECTION OFFICIAL IS IN THE PUBLIC INTER-
 EST. IN ADDITION TO ALL OTHER DAMAGES, THE  COURT  MAY  IMPOSE  A  CIVIL
 PENALTY OF UP TO THREE THOUSAND DOLLARS FOR EACH VIOLATION.
   (D)  CIVIL REMEDIES ALLOWABLE UNDER THIS SECTION ARE CUMULATIVE AND DO
 NOT RESTRICT ANY OTHER RIGHT OR REMEDY OTHERWISE  AVAILABLE.  AN  ACTION
 S. 7725--A                          3

 FOR  A  PENALTY OR REMEDY UNDER THIS SECTION SHALL BE BROUGHT WITHIN TWO
 YEARS OF THE DATE THE VIOLATION IS ALLEGED TO HAVE OCCURRED.
   10. FOR PURPOSES OF THIS SECTION, THE TERM:
   (A)  "ELECTION  INFRASTRUCTURE"  MEANS ANY OFFICE OF AN ELECTION OFFI-
 CIAL, STAFF, WORKER, OR VOLUNTEER OR ANY PHYSICAL, MECHANICAL, OR  ELEC-
 TRICAL DEVICE, STRUCTURE, OR TANGIBLE ITEM USED IN THE PROCESS OF CREAT-
 ING,  DISTRIBUTING,  VOTING,  RETURNING, COUNTING, TABULATING, AUDITING,
 STORING, CANVASSING OR OTHER HANDLING OF VOTER  REGISTRATION  OR  BALLOT
 INFORMATION.  SUCH  TERM  SHALL  ALSO INCLUDE ANY EQUIPMENT SPECIFIED IN
 SECTION 4-132 OF THIS CHAPTER.
   (B) "ELECTION WORKER" MEANS ANY  ELECTION  INSPECTOR,  POLL  CLERK  OR
 ELECTION COORDINATOR.
   § 3. This act shall take effect immediately.